Sengottaiyaa Colony v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18963 of 2014 and M.P.No.1 of 2014 Sengottaiyaa Colony Kudieruppor Nala Sangam, Rep. By its Secretary, T.Maniyappan, S/o.Thimmappa Gouda, 45, Sengottaiya Colony, Sundara Puram, Coimbatore, Coimbatore District.
...Petitioner
Vs.
1.
The Revenue Divisional Officer, Coimbatore (South), Coimbatore.
2.
The Inspector of Police, Poothanur Police Station, Poothanur, Coimbatore District.
3.
Sugumar.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and pass an order on the representation given by the petitioner dated 29.12.2013.
For Petitioner : M/s.S.Lakshmanasamy For Respondents R1 and R2 : Mr.M.Murali Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 29.12.2013 and dispose of the same within stipulated period of time granted by this Court. 2.The case of the petitioner is that, the land in S.F.No.205, 220 & 222 of Kurichi Village, Coimbatore belongs to one V.S.Sengottaiah Mudaliyaar and he was running a Textile Mill in the name and style of Sri Sarada Mills. After the death of
said Sengottaiah Mudaliyaar, the legal heirs of the said Sengottaiah Mudaliyaar executed sale deed to 48 employees including the father of the 3rd respondent and his father purchased house Site No.27 in the above said colony and in the said house sites, a vacant portion has been left out as reserve site and that is being utilized by the residents. While so, the petitioner sangam came to know about the patta obtained by the 3rd respondent for the above said common place earmarked for the purpose of all the members of the said sangam. Immediately thereafter, the petitioner sangam made a representation dated 29.12.2013 before the 1st respondent to cancel the patta issued in favour of the 3rd respondent in respect of the common place, however, till date the said representation is pending for consideration. Hence, the present Writ petition. 3.
Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 29.12.2013 and cancel the patta granted in favour of the 3rd respondent as early as possible.
4.The learned Government Advocate has no objection for said order being passed and he fairly conceded that the petitioner's representation dated 29.12.2013 will be considered and appropriate orders will be passed within the time stipulated by this Court.
5.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the petitioner to submit the copy of the representation along with a copy of this order before the jurisdictional Thasildar within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the Jurisdictional Thasildar is directed to consider the same on merits and pass appropriate orders in accordance with law within a period of ten weeks thereafter.
6. This writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar skt
To 1.
The Rvenue Divisional Officer, Coimbatoe (South), Coimbatore.
2.
The Inspector of Police, Poothanur Police Station, Poothanur, Coimbatore District.
Copy To The Tahsildar, Coimbatore District.
+1cc to the Government Pleader, S.R.No.16709 W.P.No.18963 of 2014 and M.P.No.1 of 2014 RSI(CO) RGA(01/04/2022)